HomeMy WebLinkAboutSPIRIT AT THE RIVER - PDP170026 - LEGAL DOCS - PUBLIC NOTICEBUFFER ZONE TABLE FOR FORT COLLINS NATURAL HABITATS AND FEATURES '• 2, 3
Natural Habitat or Feature
Buffer Zone Standard
Cache la Poudre River (Lincoln Ave. to east UGA
300 feet
boundary)
1 Note that these buffer zone standards do not apply in areas zoned RDR - River Downtown
Redevelopment. Alternative standards are included in the description of this zone district.
2Table distances may be modified as described in Section 3.4.1(E)(1) above to meet performance
standards.
3 Buffer zone table distances shall be measured in a straight line without regard to topography.
Measurements will be made from the outer edge of the natural habitat or feature to the boundary
of the lot, tract or parcel of land that defines and describes the development.
Section 4.20(D)(3)(a)(1):
Height/Mass. The maximum building height shall be three (3) stories. If multi -story buildings are
included in a development, such buildings shall be designed to step down to one (1) story directly
abutting the natural area protection buffer.
Section 4.2 0 (D) (3) (a) (2):
Parking lots. Buildings shall be sited so that any new parking lots and vehicle use areas are
located in either: 1) interior block locations between buildings that face the street and buildings
that face the River, or 2) side yards.
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(g) The project shall be designed to enhance the natural ecological characteristics of the
site. If existing landscaping within the buffer zone is determined by the decision maker to
be incompatible with the purposes of the buffer zone, then the applicant shall undertake
restoration and mitigation measures such as regrading and/or the replanting of native
vegetation.
(h) The project may be designed to provide appropriate human access to natural habitats
and features and their associated buffer zones in order to serve recreation purposes,
provided that such access is compatible with the ecological character or wildlife use of the
natural habitat or feature.
(i) Fencing associated with the project shall be designed to be compatible with the
ecological character and wildlife use of the natural habitat or feature.
(2) Development Activities Within the Buffer Zone.
(a) No. disturbance shall occur within any buffer zone and no person shall engage in any
activity that will disturb, remove, fill, dredge, clear, destroy or alter any area, including
vegetation within natural habitats or features including without limitation lakes, ponds,
stream corridors and wetlands, except as provided in subsection (c) below.
(b) If the development causes any disturbance within the buffer zone, whether by approval
of the decision maker or otherwise, the applicant shall undertake restoration and mitigation
measures within the buffer zone such as regrading and/or the replanting of native
vegetation. The applicant shall undertake mitigation measures to restore any damaged or
lost natural resource either on -site or off -site at the discretion of the decision maker. Any
such mitigation or restoration shall be at least equal in ecological value to the loss suffered
by the community because of the disturbance, and shall be based on such mitigation and
restoration plans and reports as have been requested, reviewed and approved by the
decision maker. Unless otherwise authorized by the decision maker, if existing vegetation
(whether native or non-native) is destroyed or disturbed, such vegetation shall be replaced
with native vegetation and landscaping.
(c) The decision maker may allow disturbance or construction activity within the buffer
zone for the following limited purposes:
1. mitigation of development activities;
2. restoration of previously disturbed or degraded areas or planned enhancement
projects to benefit the natural area or feature;
3. emergency public safety activities;
4. utility installations when such activities and installations cannot reasonably be
located outside the buffer zone or other nearby areas of development;
5. construction of a trail or pedestrian walkway that will provide public access for
educational or recreational purposes provided that the trail or walkway is
compatible with the ecological character or wildlife use of the natural habitat or
feature; and
6. construction or installation of recreation features or public park elements, provided
that such features or elements are compatible with the ecological character or
wildlife use of the natural habitat or feature.
LAND USE CODE CITATIONS LISTED IN THE NOTICE OF APPEAL
Section 3.4.1(E):
(E) Establishment of Buffer Zones. Buffer zones surrounding natural habitats and features shall be
shown on the project development plan for any development that is subject to this Division.
The purpose of the buffer zones is to protect the ecological character of natural habitats and
features from the impacts of the ongoing activity associated with the development.
(1) Buffer Zone Performance Standards. The decision maker shall determine the buffer zones
for each natural habitat or feature contained in the project site. The buffer zones may be
multiple and noncontiguous. The general buffer zone distance is established according to the
buffer zone table below, but the decision maker shall reduce or enlarge any portion of the
general buffer zone distance, if necessary in order to ensure that the performance standards
set forth below are achieved. The buffer zone performance standards are as follows:
(a) The project shall be designed to preserve or enhance the ecological character or
function and wildlife use of the natural habitat or feature and to minimize or adequately
mitigate the foreseeable impacts of development.
(b) The project, including, by way of example and not by way of limitation, its fencing,
pedestrian/bicycle paths and roadways, shall be designed to preserve or enhance the
existence of wildlife movement corridors between natural habitats and features, both within
and adjacent to the site.
(c) The project shall be designed to preserve significant existing trees and other significant
existing vegetation on the site.
(d) The project shall be designed to protect from adverse impact species utilizing special
habitat features such as key raptor habitat features, including nest sites, night roosts and
key feeding areas as identified by the Colorado Parks and Wildlife Division ("CPW") or the
Fort Collins Natural Areas Department ("NAD"); key production areas, wintering areas and
migratory feeding areas for waterfowl; heron rookeries; key use areas for wading birds and
shorebirds; key use areas for migrant songbirds; key nesting areas for grassland birds; fox
and coyote dens; mule deer winter concentration areas as identified by the CPW or NAD;
prairie dog colonies one (1) acre or greater in size; key areas for rare, migrant or resident
butterflies as identified by the NAD; areas of high terrestrial or aquatic insect diversity as
identified by the NAD; remnant native prairie habitat; mixed foothill shrubland; foothill
ponderosa pine forest; plains cottonwood riparian woodlands; and wetlands of any size.
(e) The project shall be designed so that the character of the proposed development in
terms of use, density, traffic generation, quality of runoff water, noise, lighting and similar
potential development impacts shall minimize the degradation of the ecological character
or wildlife use of the affected natural habitats or features.
(f) The project shall be designed to integrate with and otherwise preserve existing site
topography, including, but not limited to, such characteristics as steepness of slopes,
existing drainage features, rock outcroppings, river and stream terraces, valley walls,
ridgelines and scenic topographic features.
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Spirit of the River - Cunniff Appeal - Page 1 of 1
My appeal is to answer questions I have regarding the application of the Land Use Code (LUC)
with respect to the following areas:
• How does the site plan comply with LUC 3.4.1 in general ("Natural Habitats and
Features") including, but not limited to, compliance with LUC 3.4.1 (E) (1)
"...the decision maker shall reduce or enlarge any portion of the general buffer
zone distance, if necessary in order to ensure that the performance standards
set forth below are achieved" (emphasis added) and the associated buffer zone
table which calls out the relevant buffer as "Cache la Poudre River (Lincoln
Avenue to east UGA boundary): 300 feet" given that the actual designed buffer
ranges from 176 to 244 feet, with an average of 201 feet?
• How does the height/mass of the building comply with LUC 4.20 (D)(3)(a)(1)
which specifies "The maximum building height shall be three (3) stories"?
• How does the parking modification comply with LUC 4.20(1))(3)(a)(2) which
specifies that new parking lots and vehicle use areas shall be located in either
interior block locations between buildings or in side yards?
For all the questions, I would like to have staff available to answer questions about the evidence
used to support the determinations.
APPELLANTS
Name:
Date:
Ross Cunj
2/21/2018
Signa e:
Email:
rcunniff@fcgov.com
A res :
Phone #:
2267 Clydesdale Drive, Fort Collins, CO 80526
970-420-7398
Please describe the nature of the relationship of appellant to the subject of the action of the Board, Commission or
other Decision Maker:
Councilmember
Name:
Date:
Signature:
Email:
Address:
Phone #:
Please describe the nature of the relationship of appellant to the subject of the action of the Board, Commission or
other Decision Maker:
Name:
Date:
Signature:
Email:
Address:
Phone #:
Please describe the nature of the relationship of appellant to the subject of the action of the Board, Commission or
other Decision Maker:
Name:
Date:
Signature:
Email:
Address:
Phone #:
Please describe the nature of the relationship of appellant to the subject of the action of the Board, Commission or
other Decision Maker:
ATTACH ADDITIONAL SIGNATURE SHEETS AS NECESSARY
For City Clerk's Use Only: Date Filed: �� Initials:
NOTICEOF "
Action Being Appealed: Date of Action:
Administrative Approval of Spirit at the River, PDP170026 2/7/2018
Decision Maker (Board, Commission, or Other):
Administrative Review
Appellant/Appellant Representative (if more than one appellant): Name, address, telephone number(s), and email address of an
individual appellant authorized to receive, on behalf of all appellants, any notice required to be mailed by the City to the appellants.
Name:
Phone ii:
Ross Cunniff
970-420-7298
Address:
Email:
2267 Clydesdale Drive, Ft. Collins, CO 80526
rcunniff@fcgov.com
The Decision Maker committed one (1) or more of the following errors (check all that apply):
ElFailure to properly interpret and apply relevant provisions of the City Code, the Land Use Code, and Charter.
List relevant Code and/or Charter provision(s) here, by specific Section and subsection/subparagraph:
(Attach additional sheets as necessary)
Failure to conduct a fair hearing in that:
The Board, Commission, or Other Decision Maker exceeded its authority or jurisdiction as contained in
the Code or Charter;
❑The Board, Commission, or Other Decision Maker substantially ignored its previously established rules
of procedure;
❑The Board, Commission, or Other Decision Maker considered evidence relevant to its findings which
was substantially false or grossly misleading. Describe any new evidence the appellant intends to
submit at the hearing on the appeal in support of these allegations':
or
❑ The Board, Commission, or Other Decision Maker improperly failed to receive all relevant evidence
offered by the appellant.
The Board, Commission, or Other Decision Maker was biased against the appellant by reason of a
conflict of interest or other close business, person or social relationship that interfered with the
decision maker's independence of judgment. Describe any new evidence the appellant intends to
submit at the hearing on the appeal in support of these allegations':
B
Instructions:
1. For each allegation marked above, please attacp a separate summary of the facts contained in the record
which support the allegation. Each summary is limited to two pages, Times New Roman 12 point font. Please
restate allegation at top of first page of each summary.
2. No new evidence will be received at the hearing in support of these allegations unless it is either described
above or offered in response to questions presented by Councilmembers at the hearing.
City of
City Clerk
300 LaPorte Avenue
■ip�
�r■Collins
PO Box580
Fort Collins, CO 80522
970.221.6515
97
970.221-6295 - fax
fcgov.comlcityclerk
NOTICE OF SITE INSPECTION
An appeal of the Administrative Hearing Officer decision of February 7, 2018 regarding the Spirit
at the River, PDP170026 will be heard by the Fort Collins City Council on May 1, 2018.
Pursuant to Section 2-53 of the City Code, members of the City Council will be inspecting the site
of the proposed project on April 30, 2018 at 4:30 p.m.. Notice is hereby given that this site
inspection constitutes a meeting of the City Council that is open to the public, including the
appellants and all parties -in -interest. The gathering point for the site visit will be 301 East Lincoln,
Fort Collins, Colorado.
The purpose of the site inspection is for the City Council to view the site and
to ask related questions of City staff to assist Council in ascertaining site
conditions. There will be no opportunity during the site inspection for the
applicant, appellants, or members of the public to speak, ask questions,
respond to questions, or otherwise provide input or information, either orally
or in writing. Other than a brief staff overview and staff responses to
questions, all discussion and follow up questions or comments will be
deferred to the hearing on the subject appeal to be held on May 1, 2018.
Any Councilmember who inspects the site, whether at the date and time above, or independently
shall, at the hearing on the appeal, state on the record any observations they made or
conversations they had at the site which they believe may be relevant to their determination of
the appeal.
If you have any questions or require further information, please feel free to contact the City Clerk's
Office at 970-221-6515.
Delyn oldiron, City Clerk
Notice Mailed: April 20, 2018
• Please see other side for Public Hearing Notice
City of City Clerk
300 LaPorte Avenue
Flirt Collins Box580
97
Fort Collins, CO 80522
970.221.6515
970.221-6295 - fax
fcgov.com/cityclerk
PUBLIC HEARING NOTICE
Appeal of the Administrative Hearing Officer Decision regarding
the Spirit at the River, PDP170026, located at 301 East Lincoln
The Fort Collins City Council will hold a public hearing on the enclosed appeal
Appeal Hearing Date: May 1, 2018
Time: 6:00 pm (or as soon thereafter as the matter may come on for hearing)
Location: Council Chambers, City Hall, 300 LaPorte Avenue, Fort Collins, CO
Agenda Materials: Available after 2 pm, April 26, 2018, in the City Clerk's office and at
fcgov.com/agendas.
• Why am I receiving this notice? City Code requires a Notice of Hearing to be provided to Parties -in -
Interest, which means you are the applicant of the project being appealed, have a possessory or
proprietary interest in the property at issue, received a City mailed notice of the hearing that resulted
in the decision being appealed, submitted written comments to City staff for delivery to the decision
maker prior to the hearing resulting in the decision being appealed, or addressed the decision maker
at,the hearing that resulted in the decision being appealed.
• New evidence, as defined in City Code Section 2-46, submitted pursuant to City Code Subsection
2-55(b)(1) or (2) shall be limited to that which is either:
(1) described in the notice of appeal;
(2) submitted to the City Clerk in writing by any party -in -interest opposed to the appeal by 5:00 pm,
April 24, 2018, or
(3) provided to the City Council by City staff prior to or during the appeal hearing.
• All presentation materials that you intend to use at the hearing must be provided to the City Clerk,
in a form readily usable on the City's display technology, no later than noon, May 1, 2018. Failure
to timely provide any presentation materials in the proper format may result in you not being able to
present the materials at the hearing. Please note that limitations on new evidence are applicable to
these materials.
Further information is available in the Appeal guidelines online at fcgov.com/appeals.
If you have questions regarding the appeal process or presentation materials, please contact the City
Clerk's Office (970.221.6515). For questions regarding the project itself, please contact Tom Leeson,
Community Development and Neighborhood Services Director (tleeson@fcgov.com or 970.221.6287).
The City of Fort Collins will make reasonable accommodations for access to City services, programs,
and activities and will make special communication arrangements for persons with disabilities. Please
call the City Clerk's Office at 970.221.6515 (V/TDD: Dial 711 for Relay,Colorado) for assistance.
J le -- -
Notice Mailed: April 20, 2018 elyn oldiron, City Clerk
• • Please see other side for Site Visit Notice